Legal Opinion
Briscoe v. White
Appellate Terms of the Supreme Court of New York
Decided March 17, 2004PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order unanimously reversed without costs and determination on the merits vacated.
In this action for partition and an accounting, plaintiff claimed $14,000 in “damages” resulting from defendant’s alleged mismanagement of partnership property and funds. After the subject real property was sold, the Supreme Court, Dutchess County, apparently under the impression that the equitable matters involved had been resolved, transferred the case to the City Court of Poughkeepsie pursuant to CPLR 325 (d).
This action lies at equity, not law, and the City Court did not have…
2Cases cited13 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Hovey v. . ElliottNew York Court of Appeals · 1895
- Kriegsman v. Kraus, Ostreicher & Co.Appellate Division of the Supreme Court of the State of New York · 1987
- 1056 Sherman Avenue Associates v. Guyco Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1999
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Green v. Lakeside Manor Home for Adults, Inc.Appellate Terms of the Supreme Court of New York · 2010
- Rivera v. BuckAppellate Terms of the Supreme Court of New York · 2009
- Caffrey v. North Arrow Abstract & Settlement Servs., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- In re TarlowAppellate Division of the Supreme Court of the State of New York · 2013
- In re TarlowAppellate Division of the Supreme Court of the State of New York · 2013